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Bombay High CourtBA/719/2016allowed

Smt. Munnibai Wd/O Dhaniram @ Dhannu Chauhan v. The State Of Maharashtra, Thr. P.S.O. P.S. Sonegaon, Nagpur

2017-06-07Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba719.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 719 OF 2016 (SMT. MUNNIBAI WD/O. DHANIRAM @ DHANNU CHAUHAN...VS.. STATE OF MAH. THR. P.S.O. SONEGAON, DIST. NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Arpit Agrawal, Adv. H/f. S.N.Abhyankar, Adv. for applicant. Shri V.A.Thakare, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 07, 2017.

Heard.

The applicant, woman aged about 45 years, seeks bail in crime registered against her for the offences punishable under Sections 302, 307, 326, 323 read with Section 34 of the Indian Penal Code. The accusations against the applicant are that she has committed murder of her husband by assaulting him by a wooden log.

The application is opposed on the ground that there are 8 injuries and 4 eyewitnesses of the incident. According to the prosecution, deceased Dhaniram and his family received an amount of Rs.9,000/- towards wages and the applicant demanded some amount to be kept for education of her daughter and her son because of which there was some dispute and son of the decased gave fist blows to the deceased. According to the prosecution, at that time the applicant who was holding wooden log in her hand assaulted the deceased.

2 ba719.16 The investigation is complete and chargesheet is filed. The non-applicant has not been able to show that why further custody of the applicant is required. Considering the facts, I am of the view that the applicant should be released on bail.

Hence, the following order:

i) The applicant having been arrested in Crime No.188 of 2015, registered by the non-applicant be released on bail on furnishing P.R. bond for Rs.10,000/- and one solvent surety in the like amount.

ii) The applicant shall not leave jurisdiction of the Court where chargesheet is filed without seeking prior permission of the Court.

iii) The applicant shall attend the trial on every date unless granted exemption by the Court.

The application is allowed in the above terms. JUDGE RRaut..